council meeting minutes -19 april 2011...this prayer we bring in the strong name of jesus christ our...

Mayor: Cr K Skinner (Mayor) Councillors : B Longland (Deputy Mayor)

D Holdom K Milne W Polglas e J van Lies hout P Youngblu tt

Minutes

Ordinary Council Meeting Tuesday 19 April 2011

held at Murwillumbah Cultural and Civic Centre

commencing at 3.30pm

Council Meeting he ld Tues day 19 April 2011

COUNCIL'S CHARTER

Tweed Shire Council's charter comprises a set of principles that are to guide Council in the carrying out of its functions, in accordance with Section 8 of the

Local Government Act, 1993.

Tweed Shire Council has the following charter:

• to provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;

• to exercise community leadership;

• to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism;

• to promote and to provide and plan for the needs of children;

• to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development;

• to have regard to the long term and cumulative effects of its decisions;

• to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;

• to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government;

• to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants;

• to keep the local community and the State government (and through it, the wider community) informed about its activities;

• to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected;

• to be a responsible employer.

Council Meeting Date : Tues day 19 Ap ril 2011

The Meeting commenced at 3.30pm.

IN ATTENDANCE

Cr K Skinner (Mayor), Cr B Longland (Deputy Mayor), Cr D Holdom, Cr K Milne, Cr W Polglase, Cr J van Lieshout and Cr P Youngblutt. Also present were Mr Mike Rayner (General Manager), Mr Troy Green (Director Technology & Corporate Services), Mr Patrick Knight (Director Engineering & Operations), Mr Vince Connell (Director Planning & Regulation), Mr David Oxenham (Director Community & Natural Resources), Mr Neil Baldwin (Manager Corporate Governance/Public Officer) and Mrs Maree Morgan (Minutes Secretary).

ABORIGINAL STATEMENT

The Mayor acknowledged the Bundjalung Aboriginal Nation with the following statement:

"We wish to recognise the generations of the local Aboriginal people of the Bundjalung Nation who have lived in and derived their physical and spiritual needs from the forests, rivers, lakes and streams of this beautiful valley over many thousands of years as the traditional owners and custodians of these lands."

PRAYER

The meeting opened with a Prayer by Council's Chaplain, Reverend John Giles: Father - Perhaps not all of use come to you with a clear faith? But we come to you boldy, nevertheless, and ask that you will give to every member of this Council wisdom, discretion, honesty and patience. Great responsibility has been given to this body of men and women. Options and convictions will often vary, but we pray that, in spite of this, a true spirit of harmony will prevail, that decisions made - even today - will be clear and effective. Thankyou for all these here, who, in our local situation, provide leadership in government, and help to make the Tweed Valley a great place to live. So we thank you and look to you to guide us wisely and powerfully, perhaps, sometimes, in spite of ourselves. This prayer we bring in the Strong name of Jesus Christ our Lord. Amen.


CONFIRMATION OF MINUTES

1 [CONMIN] Minutes of the Ordinary and Confidential Council Meeting held Tuesday 15 March 2011

185 Cr P Youngblutt Cr W Polglase

RESOLVED that the Minutes of the Ordinary and Confidential Council Meetings held Tuesday 15 March 2011 be adopted as a true and accurate record of proceedings of that meeting.

The Motion was Carried FOR VOTE - Unanimous Cr D Holdom raised concerns in relation to Section 6.1 of the Code of Conduct as it relates to condition 3 of Item 24 of the minutes.

APOLOGIES

Nil.

DISCLOSURE OF INTEREST

Declaration Cobaki/Kings Forest - Cr K Milne Cr K Milne made a statement with regard to Items listed on the Agenda: I would like to make a statement to clarify my participation in relation to items 61 and 62 in tonight's business papers. I have considered the relevant provisions of Council's Code of conduct and I believe there are no impediments to me participating in debate and voting on these matters despite a defamation claim served against me, on 20 December 2010, by Mr William Robert (Bob) Ell, the owner of Kings Forest and Cobaki developments. I am of the view that these circumstances do not create a private interest for me in these items, either directly or by association. As many will be aware, I have had an ongoing involvement in the larger policy issues of greenfield developments well before 20 December 2010, and I will continue to participate in discussion and voting on such matters from a public interest perspective, and - where an item involves consideration of a development application - on merits of each application.

ITEMS TO BE MOVED FROM ORDINARY TO CONFIDENTIAL - CONFIDENTIAL TO ORDINARY

Nil.


186 Cr K Milne Cr B Longland

RESOLVED the Agenda items 52 to 69 contained within Orders of the Day be dealt with at the conclusion of Item 15 of the Report from the Director Planning and Regulation.

The Motion was Carried FOR VOTE - Unanimous

SCHEDULE OF OUTSTANDING RESOLUTIONS

2 [SOR] Schedule of Outstanding Resolutions This item was received and noted.

MAYORAL MINUTE

3 [MM] Mayoral Minute for the Period 05 March to 01 April 2011 187 Cr K Skinner

RESOLVED that:- 1. The Mayoral Minute for the period 05 March to 01 April 2011 be received and

noted with the inclusion of Cr J van Lieshout attending the Signing of the MOU between Tweed Shire Council and TAFE Tweed Campuses on 23 March 2011.

2. The attendance of Councillors at nominated Conferences be authorised.

Councillors J van Lieshout and W Polglase to attend the Shires Association of NSW Annual Conference - Sofitel Wentworth, Sydney on 30 May - 1 June 2011.

Councillor J van Lieshout to attend the NSW Local Government in

Emergency Management Conference at the Sofitel Sydney Wentworth to be held on 2 June 2011.

The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne 188 Cr K Skinner Cr K Milne


RESOLVED that: 1. Councillor K Milne is appointed as delegate to the Community Cultural

Development Advisory Committee, as replacement for Councillor B Longland. 2. Councillor J van Lieshout is appointed as alternate delegate to the Community

Cultural Development Advisory Committee. The Motion was Carried FOR VOTE - Unanimous

Cr K Skinner Cr K Skinner

RESOLVED that Councillor J van Lieshout is appointed as alternate delegate to the Arts Northern Rivers Board.

The Motion was Carried FOR VOTE - Unanimous LATE ITEM 189 Cr K Skinner Cr B Longland

RESOLVED that Item a3 [MM] Mayor Minute - Additional Conference Information, being an Addendum item be dealt with and it be ruled by the Chairman to be of great urgency.


a3 [MM] Mayoral Minute - Additional Conference Information 190 Cr K Skinner Cr D Holdom

RESOLVED that the attendance of Councillors at the following nominated Conferences be deferred for discussion at the May Council meeting. Councillor _____________ to attend the 2011 Australian Local Government

Women's Association (ALGWA) Conference, "Swift Strong Women Influencing Future Trends" - The Diamond Jubilee State Conference will be hosted by Blacktown City Council on 26-28 May 2011


Councillor _____________ to attend the Stormwater Industry Association State Conference at the QT Gold Coast (formerly the Gold Coast International Hotel) to be held on 25-27 May 2011.

Councillor _____________ to attend the 34th International Association for Hydro-

Environment Engineering and Research World Congress at the Brisbane Convention and Exhibition Centre to be held on 26 June - 1 July 2011.

Councillor _____________ to attend the Australian Institute of Landscape Architects National Conference at the Brisbane Convention Centre to be held on 11-13 August 2011.

Councillor _____________ to attend the 4th International Urban Design Conference, Resilience in Urban Design at the Surfers Paradise Marriott Resort and Spa to be held on 22-23 September 2011.


ORDINARY ITEMS FOR CONSIDERATION

REPORTS THROUGH THE GENERAL MANAGER

REPORTS FROM THE GENERAL MANAGER

191 Cr J van Lieshout Cr D Holdom

RESOLVED that Standing Orders be suspended to deal with Item 25 of the Agenda. The Motion was Carried FOR VOTE - Unanimous

25 [CNR-CM] Museum Building Projects 192 Cr J van Lieshout Cr D Holdom

RESOLVED that Council:- 1. Adopts the single storey option on the existing site for the Tweed River

Regional Museum - Murwillumbah Project with the project budget of $2,600,000.

2. Utilises the money available from the sale of the Wollumbin Street Car Park to

partly fund the project.


3. Prepares and lodges a Development Application based on the single storey option.

193 AMENDMENT Cr K Milne Cr B Longland

PROPOSED that this item be deferred to obtain further information in relation to this matter.

The Amendment was Lost FOR VOTE - Cr B Longland, Cr K Milne AGAINST VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr J van Lieshout, Cr K Skinner The Motion was Carried. (Minute No 192 refers). FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr B Longland, Cr K Milne 194 Cr J van Lieshout Cr D Holdom

RESOLVED that Standing Orders be resumed. The Motion was Carried FOR VOTE - Unanimous

4 [GM-CM] Regional Development Australia Fund 195 Cr D Holdom Cr W Polglase

RESOLVED that Council: 1. Nominates Kingscliff Central Park as its priority project for grant funds under

the Regional Development Australia Fund; 2. Nominates Arkinstall Park as priority project No 2 for grants funds under the

Regional Development Australia Fund. 3. Approves the execution of all documents necessary to complete such

applications.


196 AMENDMENT 1 Cr B Longland Cr K Milne

PROPOSED that Council: 1. Nominates Kingscliff Central Park as its priority project for grant funds under

the Regional Development Australia Fund. 2. Nominates Arkinstall Park as priority project No. 2 for grant funds under the

Regional Development Australia Fund. 3. Nominates the Murwillumbah Museum (application for $2 million) as Phase 1

of the Tweed River Regional Museum Project as priority project No 3 for grant funds under the Regional Development Australia Fund.

4. Approves the execution of all documents necessary to complete such

applications. The Amendment 1 was Lost FOR VOTE - Cr P Youngblutt, Cr B Longland AGAINST VOTE - Cr W Polglase, Cr D Holdom, Cr K Milne, Cr J van Lieshout, Cr K Skinner 197 AMENDMENT 2 Cr K Milne Cr B Longland

PROPOSED that Council: 1. Nominates the Murwillumbah Museum (application for $2 million) as Phase 1

of the Tweed River Regional Museum Project as priority project No 1 for grant funds under the Regional Development Australia Fund.

2. Nominates Jack Evans Boat Harbour Stage 2 as priority project No 2 for grant

funds under the Regional Development Australia Fund. 3. Approves the execution of all documents necessary to complete such

applications. PROCEDURAL MOTION 198 Cr D Holdom Cr P Youngblutt

RESOLVED that the Motion be put.


FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne The Amendment 2 was Lost. (Minute No 197 refers). FOR VOTE - Cr B Longland, Cr K Milne AGAINST VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr J van Lieshout, Cr K Skinner 199 AMENDMENT 3 Cr K Milne Cr B Longland

PROPOSED that Council determines the priority of the grant fund applications under the Regional Development Australia Fund on a one by one basis.

SUSPENSION OF STANDING ORDERS 200 Cr W Polglase Cr P Youngblutt

RESOLVED that Standing Orders be suspended to deal with Item 4 of the Agenda at 4.33PM.

The Motion was Carried FOR VOTE - Unanimous RESUMPTION OF STANDING ORDERS 201 Cr W Polglase Cr P Youngblutt

RESOLVED that Standing Orders to deal with Item 4 of the Agenda be resumed. The Motion was Carried FOR VOTE - Unanimous SUSPENSION OF STANDING ORDERS 202 Cr W Polglase Cr J van Lieshout

RESOLVED that Standing Orders be suspended to deal with Item 25 of Council Agenda.


The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr B Longland, Cr K Milne During the suspension of Standing Orders the priority of the projects for submission under the Regional Development Australia Fund was determined as follows:

1. Kingscliff Central Park as priority project No 1.

2. Arkinstall Park as priority project No 2.

3. Jack Evans Boat Harbour Stage 2 as priority project No 3.

4. Tweed Heads Museum Project as priority project No 4 f. RESUMPTION OF STANDING ORDERS 203 Cr J van Lieshout Cr D Holdom

RESOLVED that Standing Orders be resumed. The Motion was Carried FOR VOTE - Unanimous 204 AMENDMENT 4 205 Cr J van Lieshout Cr W Polglase

RESOLVED that Council: 1. Nominates Kingscliff Central Park as priority project No 1 for grant funds under

the Regional Development Australia Fund.

2. Nominates Arkinstall Park as priority project No 2 for grant funds under the Regional Development Australia Fund.

3. Nominates Jack Evans Boat Harbour Stage 2 as priority project No 3 for grant

funds under the Regional Development Australia Fund.

4. Nominates Tweed Heads Museum Project as priority project No 4 for grant funds under the Regional Development Australia Fund.


5. Approves execution of all documents necessary to complete such applications. The Amendment 4 was Carried FOR VOTE - Cr P Youngblutt, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr W Polglase, Cr D Holdom, Cr K Milne The Amendment 4 on becoming the Motion was Lost FOR VOTE - Cr P Youngblutt, Cr B Longland, Cr J van Lieshout AGAINST VOTE - Cr W Polglase, Cr D Holdom, Cr K Milne, Cr K Skinner The Motion was Carried. (Minutes No 195 refers). FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr B Longland AGAINST VOTE - Cr K Milne, Cr J van Lieshout, Cr K Skinner Cr P Youngblutt left the meeting at 05:04 PM Cr P Youngblutt has returned from temporary absence at 05:06 PM

5 [GM-CM] Draft Events Strategy, Draft Corporate Sponsorship Policy and Draft Festivals, Donations and Grants Policy

206 Cr W Polglase Cr B Longland

RESOLVED that the Draft Events Strategy, Draft Corporate Sponsorship Policy and the Draft Festivals, Donations and Grants Policy be placed on public exhibition in accordance with Section 160 of the Local Government Act 1993, following which a report be brought forward for Council’s consideration for adoption.

The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne

6 [GM-CM] Murwillumbah Visitor Information Centre Sub Lease 207 Cr B Longland Cr P Youngblutt

RESOLVED that Council: 1. Endorses Destination Tweed to undertake sub lease arrangements with

Caldera Art ensuring that all relevant restrictions and responsibilities of the head lease form part of the sub lease.


2. Ensures that the sub lease restricts all art to themes associated with

interpreting the Tweed’s heritage and environment.

3. Executes all documents under the common seal of Council. The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne

REPORTS FROM THE DIRECTOR PLANNING AND REGULATION

7 [PR-CM] Variations to Development Standards under State Environmental Planning Policy No. 1 - Development Standards

208 Cr B Longland Cr J van Lieshout

RESOLVED that Council notes the March 2011 Variations to Development Standards under State Environmental Planning Policy No. 1 - Development Standards.


8 [PR-CM] Planning Reforms Work Program - 2011/2014 209 Cr W Polglase Cr P Youngblutt

RESOLVED that Council endorses the attached Planning Reforms Works Program subject to the inclusion of the Mooball Planning Proposal and enacting DCP being included as an immediate term priority subject to the payment of relevant fees by the proponent for the processing of the proposal by an independent consultant in accord with Council's previous resolutions.



9 [PR-CM] Planning Proposal PP11/0001 - Part Lot 378 DP 1148511 Overall Drive, Pottsville (Black Rocks Estate)

210 Cr W Polglase Cr P Youngblutt

RESOLVED that: 1. Council endorses the preparation of a planning proposal for a change of land-use

zone classification to enable Lot 378 DP 1148511 Overall Drive, Pottsville, to be developed for a low density residential purpose, and

2. The planning for Lot 378 DP 1148511 Overall Drive, Pottsville, be referred to the Department of Planning and Infrastructure for a ‘Gateway’ determination under Section 56 of the Environmental Planning and Assessment Act 1979, and

3. Any fees arising in association with the preparation of the planning proposal is to be applied in accordance with the Council’s adopted Fees and Charges Schedule in force on the date of payment.


10 [PR-CM] Tweed Development Control Plan Section A8 - Tweed Brothel Code 211 Cr D Holdom Cr W Polglase

RESOLVED that: 1. Council endorses the adoption of Draft Tweed Development Control Plan 2008,

Section A8 - Tweed Brothel Code; and 2. A public notice of Council’s adoption of the Draft Tweed Development Control

Plan 2008, Section A8 - Tweed Brothel Code, be published in the Council’s newspaper, the Tweed Link, in accordance with Clause 21 and 22 of the Environmental Planning and Assessment Regulation 2000.

The Motion was Carried FOR VOTE - Cr D Holdom, Cr B Longland, Cr K Milne, Cr K Skinner AGAINST VOTE - Cr P Youngblutt, Cr W Polglase, Cr J van Lieshout

11 [PR-CM] Terranora Area E - Progress Report on Planning Processes and Major Project Application MP09/0166 for a 300 Lot Residential Subdivision


at Lot 40, 43 DP 254416; Lot 2 DP 778727; Lot 1 DP 781687; Lot 1 DP 781697; Lot 1 DP 304649; Lot 1 DP 175235; L

212 Cr D Holdom Cr P Youngblutt

RESOLVED that: 1. The report on Terranora Area E - Progress Report on Planning Processes be

received and noted; and 2. Council endorses forwarding this report to the Department of Planning and

Infrastructure as a submission in relation to MP09_0166 for a 300 Lot Residential Subdivision at Lot 40, 43 DP 254416; Lot 2 DP 778727; Lot 1 DP 781687; Lot 1 DP 781697; Lot 1 DP 304649; Lot 1 DP 175235; Lot 1 DP 169490, Parkes Lane, Terranora (DA09/0701).


12 [PR-CM] Land and Environment Court Judgement relating to Development Application DA08/1056 for Conversion of an Existing Farm Shed to Rural Workers Dwelling at Lot 1 DP 803636, No. 9 Sanderson Place, Dungay


RESOLVED that the report on Land and Environment Court Judgement relating to Development Application DA08/1056 for the conversion of an existing farm shed to rural workers dwelling at Lot 1 DP 803636, No. 9 Sanderson Place, Dungay be received and noted.


13 [PR-CM] Development Application D97/0175.02 for an Amendment to Development Consent D97/0175 for the Establishment of a Brothel/Escort Agency at Lot 6 DP 249122, No. 17 Morton Street, Chinderah


RESOLVED that Development Application D97/0175.02 for an amendment to Development Consent D97/0175 for the establishment of a brothel/escort agency at


Lot 6 DP 249122, No. 17 Morton Street, Chinderah be approved and the consent be amended as follows: 1. Delete Condition No. 3 and replace it with Condition No. 3A which reads as

follows: 3A. Fourteen (14) car parking spaces are to be provided and marked out in

accordance with the plan submitted with the application in accordance with Tweed Development Control Plan Section A2 - Site Access and Parking Code.

2. Delete Condition No. 5 and replace it with Condition No. 5A which reads as

follows: 5A. The establishment shall operate 24 hours a day, 7 days a week.

3. Delete Condition No. 10 and replace it with Condition No. 10A which reads as

follows: 10A. Section 94 Contributions

Payment of the following contributions pursuant to Section 94 of the Act and the relevant Section 94 Plan.

Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Occupation Certificate shall NOT be issued by a Certifying Authority unless all Section 94 Contributions have been paid and the Certifying Authority has sighted Council's "Contribution Sheet" signed by an authorised officer of Council.

A CURRENT COPY OF THE CONTRIBUTION FEE SHEET ATTACHED TO THIS CONSENT MUST BE PROVIDED AT THE TIME OF PAYMENT.

These charges include indexation provided for in the S94 Plan and will remain fixed for a period of 12 months from the date of this consent and thereafter in accordance with the rates applicable in the current version/edition of the relevant Section 94 Plan current at the time of the payment.

A copy of the Section 94 contribution plans may be inspected at the Civic and Cultural Centres, Tumbulgum Road, Murwillumbah and Brett Street, Tweed Heads.

(a) Tweed Road Contribution Plan:

40.9615 Trips @ $861 per Trips $35268

($782 base rate + $79 indexation)

S94 Plan No. 4

Sector6_4

NOTE: Previous Section 94 contributions have been received for the original development. A total of $15,879.00 was received on 31/10/97


(receipt number 017139). As such the contributions in Condition 10A and 10B relate to the proposed additions.

4. Addition of new Condition No. 11 as there are additional section 64 water and sewer charges applicable to the subject site with the additional Gross Floor Area and which reads as follows: 11. A certificate of compliance (CC) under Sections 305, 306 and 307 of the

Water Management Act 2000 is to be obtained from Council to verify that the necessary requirements for the supply of water and sewerage to the development have been made with the Tweed Shire Council. Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Occupation Certificate shall NOT be issued by a Certifying Authority unless all Section 64 Contributions have been paid and the Certifying Authority has sighted Council's "Contribution Sheet" and a "Certificate of Compliance" signed by an authorised officer of Council. Annexed hereto is an information sheet indicating the procedure to follow to obtain a Certificate of Compliance: Water DSP5: 2 ET @ $11020 per ET $22040

Sewer Kingscliff: 2.5 ET @ $5295 per ET $13237.50

A CURRENT COPY OF THE CONTRIBUTION FEE SHEET ATTACHED TO THIS CONSENT MUST BE PROVIDED AT THE TIME OF PAYMENT These charges to remain fixed for a period of twelve (12) months from the date of this consent and thereafter in accordance with the rates applicable in Council's adopted Fees and Charges current at the time of payment. Note: The Environmental Planning and Assessment Act, 1979 (as amended) makes no provision for works under the Water Management Act 2000 to be certified by an Accredited Certifier.

5. Addition of new Condition No. 12 as there is new building work that currently

exists which has not received approval and which reads as follows: 12. Prior to the issue of an occupation certificate a Building Certificate in respect

of the unauthorized building works the subject of this Section 96 application is to be obtained from Council. Such Building Certificate application is to include; i. Certification from an "accredited certifier" that the construction of

the above mentioned works satisfies the requirements contained within Volume One of the Building Code of Australia 2010.

ii. A Structural Engineer's "Certificate of Adequacy" certifying that the

above mentioned works are structurally adequate in terms of resisting live and dead loads associated with its use.

iii. A fire safety certificate is to be submitted for all essential fire safety

measures that are installed in the building inclusive of those contained in the additional building components the subject of this section 96


application. This certificate is to confirm that each required essential fire safety measure has been designed and installed in accordance with the relevant standards.

The Motion was Lost FOR VOTE - Cr P Youngblutt, Cr D Holdom, Cr K Skinner AGAINST VOTE - Cr W Polglase, Cr B Longland, Cr K Milne, Cr J van Lieshout

It was noted that the reasons for refusal are that: 1. The proposal is not in accordance with DCP 8 - Brothels Policy and Draft Brothel

Code. 2. The proposal is not in the public interest. 3. The building contains unauthorised building works.

14 [PR-CM] Development Application DA10/0480 for the Demolition of Existing Dwellings and Construction of a Refreshment Room and Ancillary Function Centre at Lots 9 and 10 Section 4 DP 2974 Nos. 9-11 River Street, South Murwillumbah and Road 5190 Stafford S

215 Cr D Holdom Cr K Milne

PROPOSED that Development Application DA10/0480 for the demolition of existing dwellings and construction of a refreshment and ancillary function centre at Lots 9 and 10 Section 4 DP 2974; Nos. 9-11 River Street, South Murwillumbah and Road 5190 Stafford Street, South Murwillumbah be refused for the following reasons: 1. The application has failed to satisfy Clause 8(1) of the Tweed LEP 2000

specifically Clause 8(1)(c). The development will have an adverse cumulative impact in the shire created by lack of car parking spaces.

2. The application is not considered satisfactory with regard to parking and access.

Adequate car parking has not been provided in accordance with Tweed Shire Council Development Control Plan Section A2 - Site Access and Parking Code.

216 AMENDMENT Cr W Polglase Cr P Youngblutt

RESOLVED that Council supports this application in principle and requests that a report be prepared outlining conditions for consideration at the Council meeting to be held in May.


The Amendment was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr D Holdom, Cr K Milne The Amendment on becoming the Motion was Carried - (Minute No 216 refers) FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr D Holdom, Cr K Milne

15 [PR-CM] Development Application DA11/0107 for Dwelling Additions at Lot 18 DP 838549, No. 768 Terranora Road, Terranora

217 Cr D Holdom Cr J van Lieshout

RESOLVED that: 1. State Environmental Planning Policy No. 1 objection to Clause 24 of Tweed Local

Environmental Plan 2000 regarding setbacks to designated roads be supported and the concurrence of the Director-General of the Department of Planning and Infrastructure be assumed.

2. Development Application DA11/0107 for dwelling additions at Lot 18 DP 838549,

No. 768 Terranora Road, Terranora be approved subject to the following conditions: GENERAL 1. The development shall be completed in accordance with the Statement of

Environmental Effects and Plan Nos 10 5635 sheets 01-05 prepared by JR's Design & Drafting Services dated Dec 2010 and site plan , except where varied by the conditions of this consent.

[GEN0005]

2. The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia.

[GEN0115]

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 3. The footings and floor slab are to be designed by a practising Structural

Engineer after consideration of a soil report from a NATA accredited soil testing laboratory and shall be submitted to and approved by the Principal Certifying Authority prior to the issue of a construction certificate.

[PCC0945]

4. A construction certificate application for works that involve any of the following:- • connection of a private stormwater drain to a public stormwater drain


• installation of stormwater quality control devices • erosion and sediment control works will not be approved until prior separate approval to do so has been granted by Council under S68 of the Local Government Act. a) Applications for these works must be submitted on Council's standard

s68 stormwater drainage application form accompanied by the required attachments and the prescribed fee.

b) Where Council is requested to issue a construction certificate for civil works associated with a subdivision consent, the abovementioned works can be incorporated as part of the construction certificate application, to enable one single approval to be issued. Separate approval under section 68 of the LG Act will then NOT be required.

[PCC1145] PRIOR TO COMMENCEMENT OF WORK 5. The erection of a building in accordance with a development consent must

not be commenced until: (a) a construction certificate for the building work has been issued by the

consent authority, the council (if the council is not the consent authority) or an accredited certifier, and

(b) the person having the benefit of the development consent has: (i) appointed a principal certifying authority for the building work,

and (ii) notified the principal certifying authority that the person will carry

out the building work as an owner-builder, if that is the case, and (c) the principal certifying authority has, no later than 2 days before the

building work commences: (i) notified the consent authority and the council (if the council is not

the consent authority) of his or her appointment, and (ii) notified the person having the benefit of the development consent

of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(d) the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has: (i) appointed a principal contractor for the building work who must

be the holder of a contractor licence if any residential work is involved, and

(ii) notified the principal certifying authority of any such appointment, and

(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspection and other inspections that are to be carried out in respect of the building work.

[PCW0215]


6. Prior to work commencing, a "Notice of Commencement of Building or Subdivision Work and Appointment of Principal Certifying Authority" shall be submitted to Council at least 2 days prior to work commencing.

[PCW0225]

7. Residential building work: (a) Residential building work within the meaning of the Home Building Act

1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: (i) in the case of work for which a principal contractor is required to

be appointed: * in the name and licence number of the principal contractor,

and * the name of the insurer by which the work is insured under

Part 6 of that Act, (i) in the case of work to be done by an owner-builder:

* the name of the owner-builder, and * if the owner-builder is required to hold an owner builder

permit under that Act, the number of the owner-builder permit.

(b) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

[PCW0235]

8. Prior to commencement of work on the site all erosion and sedimentation control measures are to be installed and operational including the provision of a "shake down" area where required to the satisfaction of the Principal Certifying Authority. In addition to these measures the core flute sign provided with the stormwater approval under Section 68 of the Local Government Act is to be clearly displayed on the most prominent position of the sediment fence or erosion control device which promotes awareness of the importance of the erosion and sediment controls provided. This sign is to remain in position for the duration of the project.

[PCW0985]

DURING CONSTRUCTION 9. All proposed works are to be carried out in accordance with the conditions

of development consent, approved construction certificate, drawings and specifications.

[DUR0005]


10. Construction and/or demolition site work including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council: - Monday to Saturday from 7.00am to 6.00pm No work to be carried out on Sundays or Public Holidays The proponent is responsible to instruct and control subcontractors regarding hours of work.

[DUR0205] 11. The roof cladding is to have low reflectivity where it would otherwise cause

nuisance to the occupants of buildings with direct line of sight to the proposed building.

[DUR0245] 12. All building work (other than work relating to the erection of a temporary

building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).

[DUR0375]

13. Building materials used in the construction of the building are not to be deposited or stored on Council's footpath or road reserve, unless prior approval is obtained from Council.

[DUR0395]

14. The Principal Certifying Authority is to be given a minimum of 48 hours notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice under Section 81A of the Environmental Planning and Assessment Act 1979.

[DUR0405]

15. The finished floor level of the building should finish not less than 225mm above finished ground level.

[DUR0445]

16. The development is to be carried out in accordance with the current BASIX certificate and schedule of commitments approved in relation to this development consent.

[DUR0905] 17. All work associated with this approval is to be carried out so as not to impact

on the neighbourhood, adjacent premises or the environment. All necessary precautions, covering and protection shall be taken to minimise impact from:

• Noise, water or air pollution

• dust during filling operations and also from construction vehicles

• material removed from the site by wind [DUR1005]

18. The builder must provide an adequate trade waste service to ensure that all waste material is contained, and removed from the site for the period of construction/demolition.

[DUR2185]


19. Council is to be given 24 hours notice for any of the following inspections prior to the next stage of construction: (a) internal drainage, prior to slab preparation; (b) water plumbing rough in, and/or stackwork prior to the erection of brick

work or any wall sheeting; (c) external drainage prior to backfilling. (d) completion of work and prior to occupation of the building.

[DUR2485]

20. Plumbing (a) A plumbing permit is to be obtained from Council prior to

commencement of any plumbing and drainage work. (b) The whole of the plumbing and drainage work is to be completed in

accordance with the requirements of the NSW Code of Practice for Plumbing and Drainage.

[DUR2495]

21. Dual flush water closet suites are to be installed in accordance with Local Government Water and Sewerage and Drainage Regulations 1993.

[DUR2515]

22. Overflow relief gully is to be located clear of the building and at a level not less than 150mm below the lowest fixture within the building and 75mm above finished ground level.

[DUR2545] 23. All new hot water installations shall deliver hot water at the outlet of sanitary

fixtures used primarily for personal hygiene purposes at a temperature not exceeding:- * 43.5ºC for childhood centres, primary and secondary schools and

nursing homes or similar facilities for aged, sick or disabled persons; and

* 50ºC in all other classes of buildings. A certificate certifying compliance with the above is to be submitted by the licensed plumber on completion of works.

[DUR2555]

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE 24. A person must not commence occupation or use of the whole or any part of

a new building or structure (within the meaning of Section 109H(4)) unless an occupation certificate has been issued in relation to the building or part (maximum 25 penalty units).

[POC0205]

25. Prior to the issue of a final occupation certificate adequate proof and/or documentation is to be submitted to the Principal Certifying Authority to identify that all commitment on the BASIX "Schedule of Commitments" have been complied with.

[POC0435]


26. Prior to the occupation of any building and prior to the issue of any occupation certificate a final inspection report is to be obtained from Council to verify the satisfactory installation of all plumbing and drainage and the on-site sewage management facility.

[POC1035] 27. Prior to the issue of an occupation certificate or occupation of the additions,

smoke detectors shall be installed in the existing dwelling, as well as the additions, in accordance with the provisions of part 3.7.2 of the Building Code of Australia and Australian Standard AS 3786.

[POCNS01]


ORDERS OF THE DAY

52 [NOM-Cr W Polglase] Bogangar Locality Plan NOTICE OF MOTION: 218 Cr W Polglase Cr P Youngblutt

RESOLVED that Council brings forward the recommended rezoning and Local Environmental Plan (LEP) amendments identified in Bogangar Locality Plan (DCP) to be carried out within the Stage 1 LEP process so as to ensure the implementation of the adopted vision as outlined in the Development Control Plan which has been in force since the end of 2007.

Cr K Skinner left the meeting at 05:57 PM Cr B Longland chaired the meeting in his absence. Cr K Skinner returned from temporary absence at 05:58 PM The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr D Holdom, Cr B Longland, Cr K Milne

53 [NOM-Cr B Longland] Tweed River Regional Museum NOTICE OF MOTION: 219 Cr B Longland Cr K Milne


RESOLVED that:

1. Council staff finalises expeditiously, the arrangements it is required to enter

into with the claimants of the two Native Title claims over the site and bring forward a report on the progress of those dealings.

2. Rezoning of the site be completed as soon as possible. 3. The development application for the project be finalised as soon as possible. 4. Council staff resolves the issue of the use of the $1.1 million that the Federal

Government through the Member for Richmond, Justine Elliott, offered to Council in 2008 as a contribution towards the construction of this museum.

5. Council staff brings forward a report covering the steps that need to be taken

to bring this project to a stage where tenders could be called for its construction and furnish Council with a report on how the project would be funded.

Cr W Polglase left the meeting at 06:08 PM Cr W Polglase returned from temporary absence at 06:11 PM Cr D Holdom left the meeting at 06:12 PM The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr B Longland, Cr J van Lieshout AGAINST VOTE - Cr K Milne, Cr K Skinner ABSENT. DID NOT VOTE - Cr D Holdom Cr D Holdom has returned from temporary absence at 06:14 PM

54 [NOM-CR B Longland] Memorandum of Understanding - Tweed Historical Societies

NOTICE OF MOTION: This item was withdrawn at the meeting. SUSPENSION OF STANDING ORDERS 220 Cr D Holdom Cr J van Lieshout

RESOLVED to suspend Standing Orders deal with Item a32 of the Agenda. The Motion was Carried


FOR VOTE - Unanimous LATE ITEM 221 Cr D Holdom Cr J van Lieshout

RESOLVED that Item a32 [CNR-CM] Coal Seam Gas Exploration in the Tweed Shire, being an Addendum item be dealt with and it be ruled by the Chairman to be of great urgency.


a32 [CNR-CM] Coal Seam Gas Exploration in the Tweed Shire 222 Cr D Holdom Cr J van Lieshout

RESOLVED that Council: 1. Provides a submission to the draft NSW Government Coal and Gas Strategy

advising that the Tweed Community has serious concerns over the prospect of the "Green Cauldron" being utilised for Coal Seam Gas exploration and production because of the lack of clear and understandable advice and information of the technology and its impacts on the environment, the amenity, landholders and water quality;

2. Calls for a moratorium for the whole of Tweed Shire in relation to coal seam

gas exploration; and 3. Writes to State Members for Lismore and Tweed and the Federal Member for

Richmond advising them of Council's decision and seek their support. The Motion was Carried FOR VOTE - Unanimous RESUMPTION OF STANDING ORDERS 223 Cr D Holdom Cr J van Lieshout RESOLVED to resume Standing Orders. The Motion was Carried


FOR VOTE - Unanimous

55 [NOM-Cr K Milne] Coal Seam Gas Strategy NOTICE OF MOTION: 224 Cr K Milne Cr B Longland

RESOLVED that Council forwards a copy of its report and resolution at Item a32 of the Agenda to the authority responsible for the assessment of the current application and opposes the issue of licence PELA134 Tweed.

The Motion was Carried FOR VOTE - Unanimous ADJOURNMENT OF MEETING Adjournment for dinner at 6.30pm. RESUMPTION OF MEETING The Meeting resumed at 7.28pm

56 [NOM-Cr K Milne] National Iconic Landscape incorporation into Subdivision Manual

NOTICE OF MOTION: 225 Cr K Milne Cr B Longland

RESOLVED that Council provides a report on recommendations that could be included in the Council’s Subdivision Manual to provide for planning provisions appropriate to further protection of the values of the National Iconic Landscape.

The Motion was Carried FOR VOTE - Cr D Holdom, Cr B Longland, Cr K Milne, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr P Youngblutt, Cr W Polglase

57 [NOM-Cr K Milne] National Iconic Landscape Meeting Request with Federal Member

NOTICE OF MOTION:


226 Cr K Milne Cr B Longland

RESOLVED that Council seeks a meeting with Justine Elliot MP to seek assistance from the Federal government to protect the values of the National Iconic Landscape.


58 [NOM-Cr K Milne] Federal Marine Parks Information Request from Federal Government


PROPOSED that Council requests a workshop from the Federal Government to provide information on marine parks in the Tweed Shire.

The Motion was Lost FOR VOTE - Cr D Holdom, Cr B Longland, Cr K Milne AGAINST VOTE - Cr P Youngblutt, Cr W Polglase, Cr J van Lieshout, Cr K Skinner

59 [NOM-Cr K Milne] Green Infrastructure NOTICE OF MOTION: 228 Cr K Milne Cr B Longland

PROPOSED that Council investigate Green Infrastructure projects for local renewable energy options for Tweed Shire, to prepare for consideration in future Regional Development Australia funding applications, and include funding for this investigation into the upcoming budget.


60 [NOM-Cr K Milne] Crown Reserves Plan of Management



PROPOSED that Council request a meeting with Geoff Provest MP to discuss the Crown Reserve Management Plan and whether this could be reviewed to better address the community and Council concerns.

The Motion was Lost FOR VOTE - Cr D Holdom, Cr B Longland, Cr K Milne AGAINST VOTE - Cr P Youngblutt, Cr W Polglase, Cr J van Lieshout, Cr K Skinner

61 [NOM-Cr K Milne] Cobaki Community Forums This motion was withdrawn at the meeting.

62 [NOM-Cr K Milne] Urgent Koala Habitat Study Northern Zone NOTICE OF MOTION: 230 Cr K Milne Cr B Longland

PROPOSED that Council address, as a matter of urgency through the Tweed Coast Koala Advisory Group, the provisions in relation to the northern management area referred to in the Koala Habitat Study 2011 to determine what actions, if any, could address the situation for koalas in the north of the Shire as per advice in the Habitat Study.

The Motion was Lost FOR VOTE - Cr B Longland, Cr K Milne AGAINST VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr J van Lieshout, Cr K Skinner

63 [NOM-Cr K Milne] Sustainable Development NOTICE OF MOTION: 231 Cr K Milne Cr B Longland

PROPOSED that the National General Assembly requests the Federal Government provide for a standard definition of Sustainable development and policy direction that


incorporates the consideration of development having a net positive impact on eco system services.


64 [NOM-Cr K Milne] Sustainable Development and Ecological Economics NOTICE OF MOTION: 232 Cr K Milne Cr B Longland

PROPOSED that the National General Assembly requests the Federal Government provide a system to evaluate and incorporate the ecological cost of development activities on the ecological services that nature provides such as wetlands, and to provide for a mechanism for Council’s to assess the true cost of development and assist in providing for Sustainable development.


65 [NOM-Cr K Milne] Community Infrastructure NOTICE OF MOTION: 233 Cr K Milne Cr B Longland

PROPOSED that the National General Assembly requests the Federal provide national standards to promote greater provision of Community Infrastructure in urban development to reflect the importance of community facilities for the mental health, wellbeing and enjoyment of our society.



66 [NOM-Cr K Milne] Green Spaces for Mental Health NOTICE OF MOTION: 234 Cr K Milne Cr B Longland

PROPOSED that the National General Assembly requests the Federal Government provide national standards to promote greater provision of Green spaces in urban development to reflect the importance of open space and wilderness areas for the mental health, wellbeing and enjoyment of our society.


67 [NOM-Cr K Milne] Investment in Renewable Energy Efficiency and Green Infrastructure


PROPOSED that the National General Assembly requests the Federal government provide funding and policy assistance to State and Local governments to promote renewable energy and efficiency programs and to provide for a greater focus on investment in green infrastructure initiatives.


68 [NOM-Cr K Milne] Koala and Nationally Threatened Species NOTICE OF MOTION: 236 Cr K Milne Cr B Longland

RESOLVED that the National General Assembly requests the Federal Government provide greater assistance in funding and policy direction to assist in reversing the


decline of Nationally Threatened Species and Australia’s Iconic Koala populations that are in serious jeopardy of extinction in the NSW North Coast and South East Qld.


69 [NOM-Cr K Milne] National Iconic Landscapes NOTICE OF MOTION: 237 Cr K Milne Cr B Longland

PROPOSED that the National General Assembly requests the Federal Government to provide financial assistance to relevant councils to protect the visual landscape and biodiversity values of the 8 identified National Iconic Landscape areas and to provide assistance in determining and developing appropriate tourism activities.


REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES

16 [CNR-CM] North East Waste Forum - Continuation of Host Council Duties 238 Cr W Polglase Cr P Youngblutt

RESOLVED that Council continues the Host Council functions for the North East Waste Forum for 2011/2012 period.

Cr B Longland left the meeting at 07:57 PM The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne ABSENT. DID NOT VOTE - Cr B Longland

Note - Cr Milne advised that from Item 16 (Minute Number 238) to Item 24 (Minute Number 246) indicated Cr Milne as voting against the resolution which was not her intention.


17 [CNR-CM] 2011-2012 North East Waste Forum - Annual Operational Plan 239 Cr W Polglase Cr P Youngblutt

RESOLVED that Council endorses the 2011/2012 North East Waste Forum annual operational plan.

The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne ABSENT. DID NOT VOTE - Cr B Longland

18 [CNR-CM] Chemical Collection 240 Cr W Polglase Cr P Youngblutt

RESOLVED that in addition to establishing a permanent hazardous waste store at Stotts Creek Resource Recovery Centre by early 2012, Council offers a free hazardous waste collection day in July 2011.


19 [CNR-CM] Proposed Motorcycle Dirt Track 241 Cr W Polglase Cr P Youngblutt

RESOLVED that: 1. Further investigations and a development application not be progressed on partial

Lot 602 DP 1001049 for a motorcycle dirt track. 2. Council officers readvertise a share farm tender to lease partial Lot 602 DP

1001049 for the production of sugar cane.

The Motion was Carried


FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne ABSENT. DID NOT VOTE - Cr B Longland

20 [CNR-CM] Creative Industries – Art Licensing and Lessons 242 Cr W Polglase Cr P Youngblutt

RESOLVED that Council endorses the Creative Industries - Art Licensing and Lessons recommendations and actions as outlined in the body of this report.


21 [CNR-CM] Banora Point Community Centre – Lease to Tweed Byron Community Transport


RESOLVED that Council: 1. Approves entering into a lease with the Tweed Byron Ballina Community

Transport Inc for the Melaleuca Room, for a term of 12 months at a lease fee of $250.00 per week inclusive of all outgoings with an option for a further 12 months.

2. Utilises the funds to support the ongoing activities at the Banora Point

Community Centre and that all funds not utilised be placed in a reserve for the specific future use.

3. Executes all documents under the Common Seal of Council.



22 [CNR-CM] Request for "In Kind" Support/Waive Fee 244 Cr W Polglase Cr P Youngblutt

RESOLVED that Council:- 1. With reference to the request from Northern Rivers Community Legal Centre,

provides the South Tweed Community Hall free of charge for the Harmony Day Luncheon on 22 March 2011, and that Council support is recognised with the following acknowledgement "this programme has been supported by Tweed Shire Council".

2. With reference to the request from Tweed Community Group Inc., provides the

Tweed Heads Civic Centre free of charge for the Christmas Day Celebration Luncheon on 25 December 2011 and that Council support is recognised with the following acknowledgement "this programme has been supported by Tweed Shire Council".

3. With reference to the request from Rotary Club of Tweed Heads South,

provides the Tweed Heads Civic Centre for a reduced fee of $441 being 50% of the full fee of $882 for the Annual Art Show on 22 to 24 July 2011 and that Council support is recognised with the following acknowledgement "this programme has been supported by Tweed Shire Council".

4. With reference to the request from Kingscliff Cadet Division of St John

Ambulance, provides the small meeting room at Banora Point Community Centre for a reduced fee of $10 per hour until 30 June 2011 and a reduced fee of $14 per hour from 1 July 2011 and that Council support is recognised with the following acknowledgement "this programme has been supported by Tweed Shire Council".


23 [CNR-CM] Acceptance of ConnectEd Arts Access Funding for Tweed River Art Gallery


RESOLVED that Council: 1. Accepts the grant offer totalling $2,300 from Arts NSW.


2. Votes the expenditure.


24 [CNR-CM] Acceptance of Incoming Touring Exhibition Grant (ITEG) Funding for Tweed River Art Gallery


RESOLVED that Council: 1. Accepts the grant offer totalling $5,655 from Museums & Galleries NSW. 2. Votes the expenditure.


25. [CNR-CM] Museum Building Projects This item was dealt with earlier in the meeting. (Minute No. 192 refers).

26 [CNR-CM] Policy - Community Options Client Contribution 247 Cr D Holdom Cr P Youngblutt

RESOLVED that the Community Options Client Contribution Policy be placed on public exhibition in accordance with Section 160 of the Local Government Act 1993, following which a report be brought forward for Council’s consideration for adoption.

The Motion was Carried FOR VOTE - Voting - Unanimous ABSENT. DID NOT VOTE - Cr B Longland


27 [CNR-CM] Urban Sustainability Program - Cane Drain Planting 248 Cr D Holdom Cr P Youngblutt

RESOLVED that Council approves the expenditure for the Urban Sustainability Program funding agreement to undertake rehabilitation works on private land as detailed in the report.


28 [CNR-CM] Tweed Sustainable Agriculture Strategy 249 Cr D Holdom Cr P Youngblutt

RESOLVED that: 1. Council accepts the contract from Northern Rivers Food Links for $25,000 to

undertake the proportion of the Tweed Sustainable Agriculture Strategy. 2. Council votes the expenditure.


29 [CNR-CM] NSW Environmental Trust Grant 2010/SL/0070 - Koala Connections


RESOLVED that Council: 1. Accepts the grant NSW Environmental Trust Grant 2010/SL/0070 – Koala

Connections for the amount of $99,844. 2. Votes the expenditure.



30 [CNR-CM] Demand Management Strategy – Key Performance Indicators 251 Cr D Holdom Cr P Youngblutt

RESOLVED that: 1. Council adopts the Key Performance Indicators for the Demand Management

Strategy as outlined below: 2. Council adopts the Performance Indicators for individual demand management

programs as outlined within the report. 3. Staff report on the Key Performance Indicators and Performance Indicators on

an annual basis. Cr B Longland has returned from temporary absence at 08:02 PM The Motion was Carried FOR VOTE - Unanimous

31 [CNR-CM] Agreement for Provision of Project Management Services by NSW Public Works


RESOLVED that Council enters into an agreement with NSW Public Works for the provision of Project Management Services for a period of five years from 1 May 2011 based on their standard rates for engagement.


32 [CNR-CM] Sale of Surplus Council Land - 209 Byangum Road Murwillumbah



RESOLVED that Council Officers seek a formal valuation on the property and if satisfactory proceed to: a. advertise Council's intention to dispose of the property at 209 Byangum Road,

Murwillumbah known as Lot 11 DP520017 by public auction in accordance with the Disposal of Council Land Policy.

b. invite written submissions on the proposal to be made within 21 days from the

date of advertisement. The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr D Holdom, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne SUSPENSION OF STANDING ORDERS 254 Cr P Youngblutt Cr W Polglase

RESOLVED that Standing Orders be suspended to deal with Item 48 of the Agenda. The Motion was Carried FOR VOTE - Unanimous

48 [TCS-CM] Integrated Planning and Reporting Framework - 2011/2015 Delivery Program, 2011/2012 Operational Plan and Resourcing Strategy


RESOLVED that: 1. The Draft Delivery Program 2011/2015, Draft Operational Plan 2011/2012 and

associated Resourcing Strategy and Draft Revenue Policy and Statement 2011/2012 incorporating the Delivery Program Estimates, be placed on public exhibition inviting submissions in accordance with Sections 404 and 405 of the Local Government Act 1993 with an amendment to the Draft Budget to allocate $200,000 in loan funds towards the Fingal Surf Life Saving Club for clubhouse extensions, with repayments to be funded from the Civic Reserves.

2. Asset Management Planning be noted and reported to the June 2011 Council

Meeting for formal adoption.


Cr K Skinner left the meeting at 08:10 PM Cr K Skinner returned from temporary absence at 08:11 PM Cr K Milne left the meeting at 08:16 PM SUSPENSION OF MEETING The meeting was suspended at 8.21PM. RESUMPTION OF MEETING The meeting resumed at 8.24PM. The Motion was Carried. (Minute No 255 refers). FOR VOTE - Voting - Unanimous ABSENT. DID NOT VOTE - Cr K Milne 256 RESUMPTION OF STANDING ORDERS Cr P Youngblutt Cr W Polglase

RESOLVED to resume Standing Orders. The Motion was Carried FOR VOTE - Unanimous

REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS

33 [EO-CM] Urban Addressing - Glengarrie Road 257 Cr B Longland Cr P Youngblutt

RESOLVED that Council approves the renumbering of the relevant properties along Glengarrie Road commencing the numbering sequence from the Carool Road intersection and ending at the Tomewin Road intersection.

The Motion was Carried FOR VOTE - Voting - Unanimous ABSENT. DID NOT VOTE - Cr K Milne


34 [EO-CM] Tweed Heads West - Naming of Public Road 258 Cr B Longland Cr P Youngblutt

RESOLVED that: 1. Council adopts the name Tulgi Way for naming purposes of the newly formed

Piggabeen bypass road at Tweed Heads West; and 2. The naming of the public roads be gazetted under the provisions of the Roads

(General) Regulation, 2000 and the Roads Act, 1993.


35 [EO-CM] Extinguishment of Easement for Right of Carriageway - Banora Point

259 Cr B Longland Cr P Youngblutt

RESOLVED that: 1. Council approves the extinguishment of the Easement for Right of

Carriageway created by Memorandum of Transfer Q072815 subject to the applicant meeting all survey, legal and conveyance costs; and

2. Approval of the extinguishment of the Easement be conditional upon the

applicant constructing a turn a round area in accordance with the submitted plans and compliance with all conditions of consent under DA10/0254.

3. All documentation be executed under the Common Seal of Council.


36 [EO-CM] Banora Point - Naming of Public Road 260 Cr B Longland Cr P Youngblutt

RESOLVED that


1. Council adopts the name OSullivan Drive for naming purposes of the that

runs from Lochlomond Drive to Terranora Road at Banora Point; and 2. The naming of the public roads be gazetted under the provisions of the Roads

(General) Regulation, 2000 and the Roads Act, 1993. The Motion was Carried FOR VOTE - Voting - Unanimous ABSENT. DID NOT VOTE - Cr K Milne

37 [EO-CM] Acquisition of Easement for Water Supply 3 Wide - Tweed Heads West

Cr B Longland Cr P Youngblutt

RESOLVED that: 1. Council approves the creation of an Easement for Water Supply 3 wide within

Lot 1 in DP 1032820 and Lot 2 in DP 537490 and approves the compensation agreed upon as noted in the body of the report;

2. Council approves the creation of an Easement for Water Supply 3 wide within

Lot 25 in DP 1017105, being Council owned operational land; and 3. All documentation be executed under the Common Seal of Council.


38 [EO-CM] Licence Agreement - Part of Road Reserve - Riverside Drive, Tumbulgum

262 Cr B Longland Cr P Youngblutt

RESOLVED that: 1. Council approves entering into a licence agreement with Karen and Abdul

Akbari for part of the road reserve of Riverside Drive, Tumbulgum for a term of six years with a further option of six years to terminate concurrently with Crown Lease held with the Department of Finance and Services (previously known as Land and Property Management Authority) which will terminate on 31 October 2023;

From meeting held 17 May 2011-Confirmation of Minutes: "37 [EO-CM] Acquisition of Easement for Water Supply 3 Wide - Tweed

Heads West In Item 1 of the resolution amend the description of "Lot 2 in DP 537490" to read "Lot 6 in DP 1117326". This amendment results from a subdivision of the original parcel."


2. The licence fee for the first year to be $300 to be increased annually by CPI on

the anniversary date of the date of commencement and that the fee be reviewed when the licensees exercise the option for a second term;

3. That Joe Hoctor be shown in the agreement as sub-licensee; and 4. All necessary documentation be executed under the Common Seal of Council.


39 [EO-CM] Lease to Optus - Mobile Telecommunications Facility - Ron Wilkinson Field, Fraser Drive, Banora Point

263 Cr J van Lieshout Cr P Youngblutt

RESOLVED that: 1. Subject to development consent being issued for the Optus facility, Council

approves entering into a lease with Optus Mobile Pty Ltd for an area of 5 m2 at the Ron Wilkinson Sportsfield at Banora Point being part of Lot 6 in DP 1082139 for a term of 5 years with 3 options for five years each commencing with a rental of $10,000 per annum compounding annually by 3%.

2. All necessary documentation be executed under the Common Seal of Council.


40 [EO-CM] Cudgera Creek Park Upgrade - Hastings Point 264 Cr P Youngblutt Cr J van Lieshout

RESOLVED that the draft concept plan for the upgrade of the Cudgera Creek Park area at Hastings Point be placed on exhibition for 28 days.



41 [EO-CM] Public Toilets 265 Cr K Skinner Cr P Youngblutt

PROPOSED that: 1. Council endorses the Toilet Blocks Works Program shown in the body of this

report. 2. The 2011/2012 program to include the following works:

• Demolition of McIllrath Park and Buckley Park toilet blocks; • Decommission of Queen Street Murwillumbah, Razorback lookout and

Wommin Lake toilet blocks. 3. The Queen Street, Murwillumbah toilet block is retained for use as a Council or

community utility that keeps the identified cultural heritage values. 4. Reallocate funds from the proposed construction of a new toilet block in

Murwillumbah to the Planning Reforms Unit budget. RETIREMENT FROM MEETING Cr D Holdom retired from the meeting at 08:31 PM. RETURN TO MEETING Cr K Milne has returned from temporary absence at 08:33 PM. 266 AMENDMENT Cr K Milne Cr B Longland

RESOLVED that this item be deferred for a workshop of Public Toilets. The Amendment was Carried FOR VOTE - Cr B Longland, Cr K Milne, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr P Youngblutt, Cr W Polglase ABSENT. DID NOT VOTE - Cr D Holdom The Amendment on becoming the Motion was Carried - (Minute No 266 refers) FOR VOTE - Cr B Longland, Cr K Milne, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr P Youngblutt, Cr W Polglase ABSENT. DID NOT VOTE - Cr D Holdom


42 [EO-CM] EQ2011-014 Supply of Industrial Clothing and Footwear 267 Cr W Polglase Cr P Youngblutt

RESOLVED that: 1. Armstrong’s Store be accepted as the supplier of Industrial Clothing and

Footwear to Council for a twelve month period from the date determined by Council with a further possible two by twelve (12) month extension options. Further that trials of cheaper alternate clothing brands be undertaken to determine operational area acceptance and possible inclusion in future Industrial Clothing tenders.

2. ATTACHMENT A be treated as CONFIDENTIAL in accordance with Section

10A(2)(d) of the Local Government Act, 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderer in terms of market competitiveness, by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest.

The Motion was Carried FOR VOTE - Voting - Unanimous ABSENT. DID NOT VOTE - Cr D Holdom

REPORTS FROM THE DIRECTOR TECHNOLOGY AND CORPORATE SERVICES

43 [TCS-CM] Code of Conduct 268 Cr P Youngblutt Cr J van Lieshout

RESOLVED that: 1. The advice from the Division of Local Government in relation to cost recovery

of Code of Conduct matters be received and noted. 2. A suitable submission is made during the review of the Model Code of

Conduct. FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne ABSENT. DID NOT VOTE - Cr D Holdom


44 [TCS-CM] Monthly Investment Report for Period Ending 31 March 2011 269 Cr B Longland Cr P Youngblutt

RESOLVED that in accordance with Section 625 of the Local Government Act 1993 the monthly investment report as at 31 March 2011 totalling $166,000,591 be received and noted.


45 [TCS-CM] Investment (of Surplus Funds) Policy - Version 1.5 270 Cr B Longland Cr P Youngblutt

RESOLVED that Council: 1. In accordance with Section 161(2) of the Local Government Act 1993

considers that the amendments to the Investment (of Surplus Funds) Policy Version 1.4 are not substantial and therefore no public exhibition of the policy is required.

2. Adopts the amended Investment (of Surplus Funds) Policy (Version 1.5) in

accordance with Section 161(1)(a) of the Local Government Act 1993.


46 [TCS-CM] AC2011-008 - General Insurance Services 271 Cr B Longland Cr P Youngblutt

RESOLVED that: 1. Council awards Tender AC2011-008 for the General Insurances to Jardine

Lloyd Thompson Pty Ltd, at the indicative premiums contained within the Tender Evaluation Report, subject to renewal confirmation, for a two (2) year


period commencing 1 July 2011 with an option to renew for a further three (3) by one year periods.

2. ATTACHMENT A is CONFIDENTIAL in accordance with Section 10A(2)(d) of

the Local Government Act 1993, because it contains commercial information of a confidential nature that would, if disclosed:

i) prejudice the commercial position of the person who supplied it, or ii) confer a commercial advantage on a competitor of the council, or iii) reveal a trade secret


47 [TCS-CM] Draft Privacy Management Plan Version 1.2 272 Cr P Youngblutt Cr W Polglase

RESOLVED that Council, in accordance with Section 160 of the Local Government Act 1993, places the Draft Privacy Management Plan (Version 1.2) on public exhibition for 28 days specifying a period of not less than 42 days after the date on which the draft local policy is placed on public exhibition during which submissions may be made to the Council, including the suggested amendment as proposed in the memo of 19 April 2011.


48. [TCS-CM] Integrated Planning and Reporting Framework - 2011/2015 Delivery Program, 2011/2012 Operational Plan and Resourcing Strategy

This item was dealt with earlier in the meeting. (Minute No. 255 refers).

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

49 [SUB-LTC] Local Traffic Committee Meeting held Thursday 17 March 2011 273 Cr W Polglase Cr B Longland

RESOLVED that the:-


1. Minutes of the Local Traffic Committee Meeting held Thursday 17 March 2011

be received and noted; and 2. Executive Management Team's recommendations be adopted as follows

A1 [LTC] Nullum Street, Murwillumbah As per the Committee's recommendation being:

That a 'Loading Zone' replace the existing 'No Parking Buses Excepted' zone outside 8-10 Nullum Street Murwillumbah.

A2 [LTC] Tweed Coast Road, Pottsville As per the Committee's recommendation being:

That a bus zone be installed on Tweed Coast Road, Pottsville adjacent to Ambrose Brown Park.

A3 [LTC] Greenway Drive and Corporation Circuit, Tweed Heads

South As per the Committee's recommendation being:

That: 1. 'No Parking' signs be erected at the 45 Greenway Drive

frontage on Corporation Circuit between the driveway and the pedestrian ramp at the Greenway Drive intersection.

2. 'No Stopping' signage be installed around the corner of

Corporation Circuit/Greenway Drive at the frontage of 45 Greenway Drive.


50 [SUBCOM] Reports from Subcommittees and/or Working Groups This report was received and noted.

ORDERS OF THE DAY

51 [NOM-Cr D Holdom] Code of Meeting Practice and Code of Conduct NOTICE OF MOTION: 274 Cr D Holdom


Cr W Polglase

RESOLVED that 1. To accord with the requirements of both the Code of Meeting Practice and

Code of Conduct, that all Confidential documents (reports and attachments) be distributed on orange paper for councillors and blue paper for senior staff.

2. Suitable training be organised for councillors to provide an update on the Code

of Conduct and Code of Meeting Practice, with particular emphasis on release of information.

The Motion was Carried FOR VOTE - Unanimous Item 52 to 69 of the Agenda were dealt with earlier in the meeting. (Minute No. 186 refers).

QUESTIONS ON NOTICE

70 [QON-Cr K Milne] Climate Change QUESTION ON NOTICE: Councillor K Milne asked:

Can Council provide for a full scale edition in the Tweed Link to explain the science of Climate Change to the Tweed Community?

The General Manager responded that the use of the Tweed Link is not an appropriate mechanism to explain the science of climate change given the social and political debate and the absence of any definitive position from high level government. Council is, however, currently developing a sustainability themed edition in which a range of Council initiatives will feature. In this edition Council will provide a direct link to the Federal Government web site of the Department of Climate Change and Energy Efficiency where readers can inform themselves of the science of climate change.

71 [QON-Cr K Milne] Casual Open Space QUESTION ON NOTICE: Councillor K Milne asked:

Can Council identify the current number of hectares per 1000 residents of local or regional casual open space that is currently provided in South Tweed and how the need for increased provision from population rise will be provided for in the future in this locality?


The Director Engineering and Operations responded that in 2002 Council adopted the "Tweed Shire Open Space Infrastructure Policy". This document did not specifically identify Tweed Heads South but advised the Lower Tweed vicinity provided a figure of 2.57ha of Casual Open Space per 1000 residents. New Casual Open Space contributes 1.13 ha per 1000 residents and this is in accordance with Council's Subdivision Code and Contribution Plans, as well as DCP 3 that gives guidance of locations of open space in the South Tweed Heads area.

72 [QON-Cr K Milne] Capital Works Expenditure QUESTION ON NOTICE: Councillor K Milne asked:

Can Council provide a concise list of the current major capital works expenditure projects proposed for the next Council budget?

The General Manager responded by referring Councillor Milne to Page 68 of the Draft Revenue Policy document. CONFIDENTIAL COMMITTEE 275 Cr P Youngblutt Cr W Polglase

RESOLVED that Council resolves itself into a Confidential Committee in accordance with Section 10A(2) of the Local Government Act 1993 (as amended) and that the press and public be excluded from the whole of the Committee Meeting, because, in the opinion of the Committee, publicity of the proceedings of the Committee would be prejudicial to the public interest, by reasons of the confidential nature of the business to be transacted.


CONFIDENTIAL ITEMS FOR CONSIDERATION

The General Manager reported that the Confidential Committee had excluded the press and public from the whole of the Committee Meeting because, in the opinion of the Committee, publicity of the proceedings of the Committee would be prejudicial to the public interest, by reason of the confidential nature of the business to be transacted, and made the following recommendations to Council:-


REPORTS THROUGH GENERAL MANAGER IN COMMITTEE

REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS IN COMMITTEE

1 [EO-CM] Business Options REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret

C 25

That Council adopts the recommendation in the Conclusion of this report. The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr B Longland, Cr K Milne, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr W Polglase ABSENT. DID NOT VOTE - Cr D Holdom

2 [EO-CM] Kirkwood Road, Tweed Heads - Land Acquisition REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret

C 26

That: 1. Council approves the acquisition of land required for road being part of

Lot 33 in DP1073293;


2. Council approves the acquisition of Easement for Batter Variable Width within Lot 33 in DP1073293;

3. Council approves the amount of compensation negotiated with the

landowner, as detailed in the body of the report; and 4. All necessary documentation be executed under the Common Seal of

Council. The Motion was Carried FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr B Longland, Cr J van Lieshout, Cr K Skinner AGAINST VOTE - Cr K Milne ABSENT. DID NOT VOTE - Cr D Holdom

3 [EO-CM] Kennedy Drive Tweed Heads - Land Acquisition for Road Widening

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

C 27

That: 1. Council approves the acquisition of land for road widening affecting Lot

6 in DP 10297 at Kennedy Drive, Tweed Heads; 2. Council approves the amount of compensation to be paid to the

landowner as detailed in the body of the report, where the Roads and Traffic Authority provides 50% of the monies payable; and

3. All necessary documentation be executed under the Common Seal of

Council. The Motion was Carried FOR VOTE - Voting - Unanimous ABSENT. DID NOT VOTE - Cr D Holdom


4 [EO-CM] Equestrian Pad Compliance Matter - Lot 7 DP 826941 No. 308 Tomewin Road Dungay


This report is CONFIDENTIAL in accordance with Section 10A(2)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

C 28

That, in respect of the compliance matters relating to Lot 7 DP826941, that Council seeks negotiations with the owners of the subject property to secure voluntary remedies as referred to in section 5.4 of this report.


REPORTS FROM THE DIRECTOR TECHNOLOGY AND CORPORATE SERVICES IN COMMITTEE

Nil.

ORDERS OF THE DAY IN COMMITTEE

5 [NOM-Cr D Holdom] Equestrian Pad Compliance Matter at Lot 7 DP 826941 No. 308 Tomewin Road, Dungay


Confidential Nature of this Item: The Local Government Act 1993Clause 10A(2) (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege This item was not required given the resolution of Item 4 of the Confidential Agenda. (Refer Minute C28).

276 Cr P Youngblutt Cr W Polglase

RESOLVED that the recommendations of the Confidential Committee be adopted.


The Motion was Carried FOR VOTE - Voting - Unanimous ABSENT. DID NOT VOTE - Cr D Holdom There being no further business the Meeting terminated at 9.15PM

Minutes of Meeting Confirmed by Council

at the

Council Meeting held on xxx

Chairman


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